Pennsylvania Driving Under the Influence - DUI - Questionnaire

State:
Multi-State
Control #:
US-Q1012
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

District attorneys primarily rely on four types of evidence in Pennsylvania DUI cases - your driving pattern, physical signs and symptoms of intoxication, field sobriety test results, and chemical test results.

Most times the police reports will say that a driver had bloodshot, glassy eyes, but the main reason for DUI, aside from an odor of alcohol, is an admission by the driver that confirms they have taken either illegal drugs or prescription medication.

08% or higher is enough by itself to convict the person of DUI. A person with BAC less than . 08% might still be convicted of DUI is there is evidence that he or she imbibed enough alcohol to make him or her incapable of safely driving, operating or being in control of a motor vehicle.

First Offense DUI in PA And the highest BAC is 0.16% and higher. Keep in mind: Administrative penalties for a first-time DUI offender in Pennsylvania do not include any mandatory minimums for general impairment. An offender may incur a $300 fine, alcohol highway safety school, and treatment when ordered.

--An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual ...

Depending on your drug or blood alcohol level, you will face a mandatory 5-day, 30-day, or 90-day minimum sentence for a second DUI offense in PA. However, the district attorney must prove that you had a second DUI conviction within 10 years of the date the police arrested you for the current DUI case.

Recent changes to DUI law ?Deana's Law,? as this act is known, increases the grading for certain DUI offenses, requiring consecutive sentencing for certain repeat DUI offenders, and imposing an 18-month driving privilege suspension for a DUI conviction graded as a felony of the second degree.

1st Offense DUI: A misdemeanor, six months probation, and a $300 fine; 2nd Offense DUI: A misdemeanor, five days to six months in jail, a $300 -$2500 fine, and a one-year license suspension; 3rd Offense DUI: 2nd-degree misdemeanor, ten days to two years in prison, a $500 -$5,000 fine, and a one-year license suspension.

Your License after a DUI Arrest in Pennsylvania If you were charged with DUI in Pennsylvania, you face a 12 month automatic driver's license suspension from PennDOT, even for a first offense DUI charge with a blood alcohol content level over .

NEW LAW (EFFECTIVE NOVEMBER 9, 2022) The new law mandates that any newly imposed DUI sentences be imposed consecutively if the individual has two or more prior offenses (with one exception noted below). This addition will be added as § 3804(c.

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Pennsylvania Driving Under the Influence - DUI - Questionnaire